A DUI reading is thought to be extremely accurate. A positive test result is basically the main piece of evidence needed. Yet, the DWI Defense Lawyer in Egg Harbor Township NJ has seen people who were not actually intoxicated at all arrested for a DUI. There is also the matter of “appearance.” There may be medical reasons for why someone appears drunk, and that perception may influence later how the person is treated and, ultimately, judged.
- Ketosis: Ketosis is a medical condition which derives from diabetes and includes the fermentation of glucose in the body. It can actually alter the results of a breathalyzer. Fermenting glucose (the physical condition) may result in the scent of alcohol from the mouth.
- Neurological: Neurological orders, appearing from nerve damage of some kind, can make a person appear in a particular condition. A stroke can cause a neurological condition, but there is no support to show that the condition has affected their driving. Without a report from a doctor, law enforcement cannot make an arrest on that presumption.
Allergies: Allergies can cause watery eyes, a red complexion, and other ailments. All of these can be perceived as drunkenness. It can also cause fatigue, which can affect one’s personality. Allergies, when they are particularly bad, can make a person appear slightly intoxicated. It is not a stretch to assume that this perception can alter how a defendant was treated by law enforcement.
The Law Office of Mark D. Kargman Esq LLC really covers all the aspects of DWI and DUI defense. Individuals charged with a DWI or DUI have to face a social stigma. They have to face a reality that they could have made a mistake, but did they? The office moves forward with the idea of “innocent until proven guilty”. Various medical conditions can and often will obscure the results. One thing could set a bias by the police force who committed the arrest. It isn’t enough to say the results were positive, and it certainly isn’t enough to say “they looked intoxicated.” Medical conditions can alter the perception of drunkenness, and they can even alter the results. This is why a DWI defense lawyer in Egg Harbor Township, NJ covers every angle.
Be the first to like.